Last updated: January 2026 |
Effective: January 2026
Important: These Terms & Conditions constitute a legally binding agreement. By accessing this website or submitting an enquiry, you confirm that you have read and agreed to these terms.
1. Acceptance of Terms
By accessing and using the website momscarebotanicals.com ("Website") or by submitting any enquiry, contact, or quote request, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and our Privacy Policy.
If you are accessing the Website on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.
2. Use of the Website
You may use this Website for lawful purposes only. You agree not to:
• Use the site in any way that violates applicable local, national, or international laws or regulations
• Transmit any unsolicited or unauthorized advertising or promotional material
• Attempt to gain unauthorized access to any part of the Website or its related systems
• Upload or transmit any viruses, malware, or other harmful code
• Use automated systems (bots, scrapers) to access the Website without our prior written consent
• Misrepresent your identity or affiliation when submitting enquiries
We reserve the right to terminate or restrict access to the Website at our sole discretion, without notice, for conduct that we believe violates these Terms.
3. Manufacturing Services & Enquiries
Submitting an enquiry or quote request through our Website does not constitute a binding contract for manufacturing services. A formal business relationship is established only upon execution of a signed Manufacturing Agreement or Purchase Order between you and Mom's Care Botanicals.
All product specifications, pricing, minimum order quantities, timelines, and delivery terms are subject to a separate formal agreement. Any information shared during the enquiry process (formulations, brand plans, product concepts) will be treated with strict confidentiality, consistent with our standard NDA practices.
4. Intellectual Property
All content on this Website — including but not limited to text, images, logos, product photography, videos, design elements, formulation descriptions, and brand assets — is the exclusive intellectual property of Mom's Care Botanicals or its licensors.
You may not reproduce, distribute, modify, adapt, create derivative works from, or commercially exploit any content from this Website without our prior written consent.
Formulations, manufacturing processes, and proprietary botanical blends developed by Mom's Care Botanicals remain our exclusive intellectual property unless explicitly transferred in writing under a licensing or OEM agreement.
5. OEM / Private Label Terms
For OEM and private label services:
• Formulations developed exclusively for a client are the client's intellectual property upon full payment and signing of a formulation ownership clause in the manufacturing agreement
• Mom's Care Botanicals retains the right to use general (non-proprietary) manufacturing know-how and technology for other clients
• Client brand names, trademarks, and trade dress submitted to us for labeling purposes remain the exclusive property of the client
• We operate under strict NDAs for all OEM partnerships — details are never shared with third parties
Specific OEM terms including MOQ, pricing, timelines, and IP ownership are governed by the individual manufacturing agreement.
6. Disclaimer of Warranties
This Website and its content are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. Mom's Care Botanicals does not warrant that:
• The Website will be uninterrupted, error-free, or free of viruses
• The information on the Website is complete, accurate, or current
• The Website will meet your specific requirements
Product results and efficacy described on this Website reflect our manufacturing quality standards and are not guarantees of specific outcomes for end consumers.
7. Limitation of Liability
To the fullest extent permitted by applicable law, Mom's Care Botanicals shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of this Website or our services, including but not limited to loss of revenue, loss of data, or loss of business opportunity.
Our aggregate liability to you for any claims arising from these Terms or your use of the Website shall not exceed INR 10,000 or the amount actually paid to us in the 3 months preceding the claim, whichever is less.
8. Third-Party Links
This Website may contain links to third-party websites. These links are provided for your convenience only. Mom's Care Botanicals has no control over the content or practices of third-party sites and accepts no responsibility for them. Inclusion of any link does not imply endorsement of the linked site.
9. Privacy
Your use of this Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding your personal information.
10. Modifications to Terms
We reserve the right to modify these Terms and Conditions at any time. Changes will be effective immediately upon posting to the Website. Your continued use of the Website after any modification constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically.
11. Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of India. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Tamil Nadu, India.
12. Contact
If you have any questions about these Terms and Conditions, please contact us:
Mom's Care Botanicals
Email: info@momscarebotanicals.com
Phone: +91 98765 43210
Address: Tamil Nadu, India
